Legal Question in Family Law in India

My friend's husband was in an affair with another girl and in order to get a divorce and to start living with the other girl, he left my friend and their daughter and started living alone. He filed for a contested divorce and later retracted the petition being aware that the case might not succeed. By this time, my friend and the child had left their home in chennai (India) and moved to her parents' house (in a different city). Her husband is very much aware of the house address where my sister is living now. Still he filed a contested divorce arranging for the petition to be delivered at the chennai house. With no one at the chennai house, the petition returned as UNCLAIMED twice. Then her husband proceeded to publish the petition details in the local newspaper in chennai. Living in another city, my friend never knew of this. And now he has obtained a divorce by default because my friend never turned up after repeated attempts by court to deliver the petition at the chennai home and by advertising in the newspaper. Once he informed my friend about having got the divorce, my friend contemplated applying for a re-trial of the case. But her husband has now remarried the girl he was in love with. He says his second marriage is legal because he has married only after obtaining a legal divorce from my friend. My friend is broken and desperately wants that divorce and the second marriage to be nulled, considering the future of their daughter who is only 2 years old. Is it legally possible to null that divorce and the second marriage?


Asked on 12/05/10, 8:24 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case she can prove that the divorce was obtained by exercising fraud upon the court, the decree may be set aside and the second marriage may be declared null and void.

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Answered on 12/06/10, 2:11 am
Devansh Bhardwaj Devansh Bhardwaj

Before answering your question it is necessary to know as to when your friend's husband got the divorce orders. If it lies within the stipulated period of time then your friend can file an application for recall of the order and get the order recalled easily and then can proceed further accordingly.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 12/07/10, 6:20 am


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